United States District Court, E.D. Missouri, Southeastern Division
MEMORANDUM AND ORDER
CHARLES A. SHAW UNITED STATES DISTRICT JUDGE.
closed prisoner civil rights matter is before the Court on
review of the Missouri Department of Corrections'
(“MDOC”) Response to the Court's Order of
January 26, 2017. The Court will not repeat the factual and
procedural background of this matter, which was set forth in
detail in the Order and is incorporated herein by this
reference. The Order of January 26, 2017 directed the MDOC to
“file a Response supported by an affidavit or
declaration signed under penalty of perjury by an appropriate
MDOC official, which shall provide information sufficient to
answer the following questions:”
(1) Were there two different persons employed by the MDOC,
one named Tamara Cobbs (or similar) who left the MDOC's
employment in 2001, and one named Tamoshanter D. Cobb who
worked at [Southeast Correctional Center] ¶ 2005;
(2) what address did the MDOC provide to the Court in
camera and under seal in late June 2007 as the address
of Tamara Cobbs (if possible, the MDOC shall submit a copy of
the actual filing that was made in camera and under
seal in June 2007 as an exhibit to the Response); and
(3) was the address the MDOC provided to the Court in late
June 2007 the last known address of Tamara Cobbs, or
Tamoshanter D. Cobb.
of January 26, 2017 at 9 (Doc. 342).
response, the MDOC filed the Affidavit of Matthew Briesacher,
MDOC's current Director of Human Resources. The
Briesacher Affidavit states in pertinent part:
3. My search of Department records has not revealed that the
Department has ever employed a person named Tamara Cobbs or
any other person with a similar name.
4. The Department has had an employee named Tamoshanter D.
Cobb who worked for the Department from 11/17/2003 until
5. The last known address for Tamoshanter D. Cobb in any
record the Department has access to is [REDACTED]. This
information was obtained from the Office of Administration.
6. I am without personal knowledge as to what address the
Department provided to the Court under seal in June 2007,
however, documentation provided to me by the Missouri
Attorney General's Office indicates that the Department
provided the address [REDACTED], to the Court under seal.
Briesacher Aff. at 2-3 (Doc. 348-1).
A to the Briesacher Affidavit is a Notice of Filing Document
Under Seal (Doc. 125), which bears an Electronic Case Filing
header indicating it was filed in this case on June 29, 2007
as Document 125. The Notice of Filing Document Under Seal
does not include the last known address for named defendant
Tamara Cobbs, but states that the address will be filed
separately in camera and under seal.
Attached to Briesacher Affidavit Exhibit A is a document
titled “Address Filed Under Seal, ” which does
not include an Electronic Case Filing header. A review of the
Court record, however, establishes that this document was
filed under seal on March 12, 2012 as Document 335 by
nonparty George Lombardi in response to the undersigned's
Order of January 10, 2012 (Doc. 327), not in June 2007 in
response to Judge Buckles' Order of June 26, 2007 that
directed the MDOC to provide the Court with named defendant
Tamara Cobbs' last known address.
important to recognize that paragraph 6 of the Briesacher
Affidavit refers to a document filed in 2012 to purportedly
establish the address that was submitted to the Court in June
2007 for service of summons and complaint on named defendant
Tamara Cobbs. For the reasons discussed below, paragraph 6 of
the Briesacher Affidavit appears to be factually incorrect.
Further, paragraph 3 of the Briesacher Affidavit is contrary
to the MDOC's representation to the Court in the
Nonparty's Response and Motion to Quash Plaintiff's
Subpoena Directed to George Lombardi (Doc. 326) filed in
November 2011, which stated in pertinent part that there was
an MDOC employee named ...